[WSBARP] Real estate salels contract: flooring repair question

[Mark Anderson]

If the parties want to exclude or allocate the cost of any remediation of a newly discovered mold issue, then say so in the contract.  ("... [including / except for] remediation of any mold issues discovered during repairs" )

Why not just give the Buyer a generous credit toward the current estimate of repairs and disclose "I don't know" on the Form 17?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Claudia A Gowan
Sent: Wednesday, October 20, 2021 2:17 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Real estate salels contract: flooring repair question

Colleagues, I need guidance on a real estate sales issue. Estate is selling a home. Floor has water damage and needs repair. Buyer and seller are splitting cost. The wood subfloor may also have water damage, in which case that cost will be split.

The issue: Buyer just asked me 'well what if they discover mold down there'?!!! We are not committing to an all out remediation of whatever is found. House only in estate for one year, tenant occupied the whole time.

Do I need to limit the language of the addendum?

Buyer addendum reads:
"Buyer and seller agree to split the cost of replacing the flooring, and, repairing or replacing subfloor as needed."

It is that last clause that is bothering me - does it basically include mold remediation and any other problem? Does it need limiting?

Thanks very much for any help. Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

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